Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-04
BOND AND COUPONS.
FURTHER PARTICULARS OF THE PRO-
cEEDIros IN BALTIMORE.
Jailer carper's Return to the Writ Of
Habeas Corpus-The Appeal
as Taken, &C.


Fitzgerald, the drummer who was re-
leased on a writ OF hGJoos corpus by
Judge Bond, in Baltimore, day before
yesterday, was similar TO that filed on
behalf of Sherwood, published in this
paper Wednesday. The return made
by the jailer of Pulaski to the writ Of
hGbc0s corpus set out in full the com
plant made by the commissioner of the
revenue charging the prisoner with
having unlawfully sold by sample, card,
and representation goods, wares, and
merchandise without first having obtain
ed the license therefor required by law
IL also set forth in full the warrant is
sued 10y the justice upon the said com
plant; the return of the arrest made
thereon by the sheriff; the certificate of
| the justice thereon endorsed that upon
the hearing the prisoner waived an ex
animation, and was committed to jail
in default of the required recognizance
to answer an indictmenttO be preferred
against him in the County Court of Pu-
laski; the certificate made by the justice
TO the clerk of said court of the commit
tai, and the midimus directing the
sheriff TO convey the prisoner to the
jail, and directing the .jailer to receive
HIM into the said Jail and therein safely
keep until discharged by due process
of law.
All of the papers were regular, and
charged q violation in the very words
of the revenue laws requiring the Ii
censc and imposing the penalty.
To this return the petitioner de-
INJURED, and, after argument, Judge
Pond decided that the prisoner was il
legally detained, and ordered his dis
charge.
PETITION FOR APPEAL.
Attorney General Ayers filed petit
ton for an appeal on behalf Of the jailer
of Pulaski county, which was granted
upon the execution of bond i'll the penal
~ Of 5000 which was promptly given,
and, upon the granting of the appeal,
The prisoner was released upon his own
rccOgDizance.
Mr.. Ayers has applied TO the court
for copy of the record, which will be
filed in the Supreme Court of the
United States as soon as possible. 1t
is thought the case will be heard there
in the next thirty days, and some pro-
minent lawyers express the opinion that
Judge Bond will not be sustained.
The Sherwood case was disposed Of
as the Fitzgerald case-an appeal taken
on behalf OF Sergeant Smith, DC.
TAXATION OF COSTS.
Mr.. Royal, counsel for the petition
ers, was asked yesterday who would be
taxed with the costs of the proceedings
in the United States Court. He replied
that he asked Judge Bond if the peti-
TONERS were not entitled to costs in the
proceedings. The Judge replied that it
was matter discretionary with the
Judge.
Mr.. Royal said he then moved the
Court to make an Orderthat the defend
ants pay the costs.
The Judge replied that he was 10th
to Lake Sergeant Smith and Jailer
Carpcr pay costs i'll these cases, as
they were not the guilty persons, as
they had acted innocently; but he
wanted ii understood that ii any more
such cases were brought before him
the person unlawfully holding the
prisoners would be required to pay
costs. Mr.. Royal said that if he had
pressed the motion an order would
have been made for costs even in these
cases. Mr.. Royal said that he had no
desire to punish Mr.. Smith or Mr. Car
per, as he believed they both acted in
nocontly, and he therefore withdrew
his motion of costs against them; but, |
lie says, i'll every other case he would |
20 for every dollar he could get, and |
besides, sue them for damages.
1t is probable the costs will he paid |
out of the State contingent fund.
AGAINST GRAND JURYMEN |
AND OTHERS.
Deputy United States Marshal Over |
by was engaged yesterday in serving |
notices upon the members of the Hust- |
ings-Gomt grand jury and the State |
Board of Indemnity of suits which had |
been brought by Mr.. Royal against |
them in the United States Court for
damages in the sum of $4,000 for in
dieting him for barratry, which law, he
claims, is unconstitutional.
The parties are summoned to appear
in the United States Court at Rich
mond on February 1st to defend tine
same.
virginia Before Bond I'm baltimore.
BY agreement of counsel, Judge |
Bond on Wednesday fixed upon the
18th of February, at Baltimore, as the
time and place for hearing the cases of
Herman Stump, trustee, who prays for
an injunction to restrain the Board of
Indemnity from paying out of the State
Treasury the judgment recently rem
dcred against county treasmers and
in the Circuit Court of the
United States, and the petition of j.
W. Couch, treasurer of Petersburg, for
a mandamus to compel Auditor Marye
and Treasurer Harman to receive from